Slavery has not existed in the United States since Abraham Lincoln and Congress passed Amendment XVIII to the Constitution in 1865. Since Utah became a state in 1896, it would make sense that the state constitution would also make slavery illegal. This is not the case.
The Utah Constitution states in Article one Section 21 that “neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State.” This means that in the state of Utah, slavery may legally be used as a form of criminal punishment.
Many people in Utah are more than likely not aware that such phrasing exists in their state constitution. It allows for a form of slavery to take place in prisons while still following the United States Constitution.
Rep. Sandra Hollins has decided that now is the time to pass an amendment to the state constitution that would get rid of slavery with no exemptions. Hollins is the first African American female legislator to be elected in the state of Utah.
Hollins represents one of the most ethnically diverse districts in the state. When talking about what she plans to do, Hollins said, “I know that I have unique challenges and different issues that my district faces, that other districts may not face, and so I embrace that. I embrace being on the front line of being able to fight for change for our diverse community.”
Slavery in the United States was no longer legal when Utah became a state, but Utah is also not the only state to include a similar clause in their constitution. Yet, even though Utah is not an anomoly including an exception such as this, it does put the state in a morally debatable position.
Slavery does not exist in the United States as it did pre-Civil War. The Utah Constitution does not allow for that behavior to exist in the state unless it is used as punishment in the prison system. This is where the problems and debates arise.
More controversy arises from the fact that there are current issues being classified by some as modern day slavery. Hollins also stated that “human trafficking is a form of slavery and we need to be having those conversations and we need to be looking at what can we do. And I think that this is one of the conversations that I’m hoping that this bill is going to allow people to have a conversation on that.”
With Hollins’ initiative to pass this bill, conversations about slavery will more than likely increase. With newspapers covering the fact that Utah still has an exemption to slavery written in its constitution and a possible bill to be passed to change the law, it would be hard for a conversation not to start.
University of Utah students should be aware of these discussions and have an understanding of the impact that this bill would have on many people in Utah and what the significance could mean.
Kristie Nixon • Jan 18, 2019 at 9:22 pm
I think its sad and crass this is even open for debate, CHANGE THE WORDS OF THE INTENT IF YOU HAVE TO! but slavery language in the Utah Constitution in 1865 vrs 2019 MUST not hold the same weight! How can someone like myself and my family born and raised here in Salt Lake City, UT feel any type of respect from such a issue MOST INCLUDING MYSELF DID NOT KNOW ABOUT TILL THIS! I’m deeply offended and concerned, Please if you are not black you will NEVER understand the reasons this is horrible so i don’t care to hear your opinion on this matter, and SHAME on you if you feel bringing up to and wanting to change or be CORRECTED AT BEST is ultimately empty and meaningless… You fail to understand what it actually means to be compassionate or empathetic to ANYONE that is not in the same whatever that you claim.. Also have no clue what your talking about and you should keep it moving because this WILL NOT AFFECT YOU! its a matter of respect and love that Utahns claim for each other… this is not love or compassion, if things that are in place like this is swept under the rug… Why take issue is something you will NEVER understand why is hurtful to others? Never mind i don’t want anyone to answer that because people on the internet love to talk a ton but not do anything about anything anymore.. just be super vocal behind a keyboard..
Michael Turner • Jan 17, 2019 at 9:20 pm
Katelynn–
3 things:
1- The amendment that was passed in 1865 was the THIRTEENTH Amendment (XIII). The Eighteenth Amendment (XVIII) was about prohibition of liquor sales and came much later (1917).
2- The language in the Utah Constitution is simply a reflection of the language of the US Constitution in this case and should be interpreted the same way. To Hollins’ point: Human sex trafficking is certainly a form of slavery and is already illegal under the 13th amendment. That Amendment also applies to discrimination based on race, religion, gender, and sexual-orientation, as it “chains” those subjugated thereby to a form of slavery while in society. (All are equal, but some are more equal than others,) Our failure to enforce the 13th Amendment was what gave rise to the Civil Rights marches a century later. When it comes to criminal cases, on the other hand, forced servitude is perfectly acceptable means of punishment–this exactly what “paying your debt to society” means.
3- I realize that the word slavery is a trigger word for many people in this country, and justifiably so. However, Rep. Hollins is making a political move here; it’s ultimately empty and meaningless. If human trafficking is the slavery of the 21st Century, then I suggest it be made a capital offense. I also advocate those who patronize these victims be made to share the same fate as those who traffic. I would welcome such legislation if Rep. Hollins sponsored it.
Kaylee Lauren • Jan 19, 2019 at 4:12 pm
(Katelyn)